25.1369.01000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Senators Van Oosting, Myrdal, Paulson
Representatives Hoverson, Richter, O'Brien
A BILL for an Act to create and enact a new section to chapter 12.1-34 of the North Dakota
Century Code, relating to the rights of sexual violence survivors.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. A new section to chapter 12.1-34 of the North Dakota Century Code is created
and enacted as follows:
Sexual violence survivor rights.
1.As used in this section:
a."Sexual assault victim advocate" means an employee of a domestic violence
sexual assault organization as defined under section 14 - 07.1 - 01.
b."Sexual violence survivor" means an individual who is a victim of a crime defined
under section 12.1 - 20 - 03, 12.1 - 20 - 03.1, 12.1 - 20 - 04, 12.1 - 20 - 05, 12.1 - 20 - 05.1,
12.1 - 20 - 06, 12.1 - 20 - 06.1, 12.1 - 20 - 07, 12.1 - 20 - 11, or 12.1 - 20 - 12.3 and, if the
survivor is incompetent or deceased, the parent, guardian, spouse, or any other
individual related to the victim by affinity to the second degree, or any other lawful
representative of the victim. The term does not include an alleged assailant.
2In addition to the rights provided under section 12.1 - 34 - 02, a sexual violence survivor
must be afforded the following rights.
a.The right to consult with a sexual assault victim advocate during any medical,
evidentiary, or physical examination, unless the advocate is not available in a
timely manner. A survivor's:
(1)Communication with a sexual assault victim advocate is privileged, unless
waived by the survivor; and
(2)Waiver of the right to a sexual assault victim advocate is privileged.
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SENATE BILL NO. 2387
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23 Sixty-ninth
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b.The right to the presence of privately retained counsel when speaking with law
enforcement regarding the alleged assault, unless:
(1)Counsel is not available in a timely manner; or
(2)Law enforcement is conducting a forensic interview with an alleged child
victim.
c.The right to access the law enforcement report prepared for the survivor's case,
unless:
(1)The survivor is a minor; or
(2)Providing access would hinder the investigation.
d.The right to a document prepared by the attorney general explaining the rights of
domestic violence survivors under this section and other relevant law. The rights
document must be provided by a medical provider or law enforcement officer
upon initial contact with the survivor. The document must include:
(1)Notice that a survivor is not required to participate in a criminal investigation,
or in a medical, evidentiary, or physical examination to retain rights;
(2)Information on how to obtain results of a medical, evidentiary, or physical
examination;
(3)Contact information on rape crisis centers, victim advocates, and other
resources; and
(4)Information on forms of protection available to survivors, including, civil and
criminal protection orders.
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